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UNITED STATES v. O'CONNELL

Nos. 203, 209.

126 F.2d 807 (1942)

UNITED STATES v. O'CONNELL et al.

Circuit Court of Appeals, Second Circuit.

March 24, 1942.

Attorney(s) appearing for the Case

Edward V. Broderick, of New York City, for defendants-appellants Francis M. O'Connell and James J. O'Connell.

Robert J. FitzSimmons, of New York City (Warren H. Mayell, of New York City, of counsel), for defendant-appellant Daniel J. Houlihan.

Mathias F. Correa, U. S. Atty., of New York City (Myles J. Lane, Asst. U. S. Atty., of New York City, of counsel), for plaintiff-appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The defendants were indicted for conspiring to evade the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq., under which defendant Francis M. O'Connell had registered for military service. He had stated in his questionnaire that he had three dependents — his widowed sister and her two children — and that he had been contributing $60 a week to her support. This statement was supported by...

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